In some circumstances, you may be liable for car accidents resulting to physical injury or property damage even if you are not the one who is driving.
In some circumstances, you may be liable for car accidents resulting to physical injury or property damage even if you are not the one who is driving. Being liable means you have to pay the victim’s medical bills (e.g., spinal cord injury treatment and rehab), car repair, and loss of wages.
Your Employee is Driving the Car
In general, employers are legally held liable for the negligent act of their workers resulting to injuries and property damages. For example, if your delivery driver hit a pedestrian during his working hour, you will be liable for the accident.
However, if your worker injures someone beyond his working hour, you will not be liable for the accident.
Your Child Drives Your Car
In most states, parents are generally liable for the accidents caused by their minor children while driving (even if they are driving the family car).
If a minor injures someone while driving, his victim may charge the parents and cite “negligent entrustment” for allowing their inexperienced, reckless, or incompetent child to drive.
You Allow an Incompetent Driver to Use Your Car
If you allow a reckless or incompetent driver to use your car, you may be held liable for the injuries and damages suffered by victims.
In this situation, the victims can also cite “negligent entrustment” to recover compensation from you.
However, they should prove that you have a full knowledge that the driver was unfit to use your car.
The law defines unfit driver as:
• Intoxicated driver (caused by alcohol or drugs)
• Elderly driver
• Underage or unlicensed driver
• Driver with a health condition that makes it unsafe for him to drive
• Driver with a history of bad driving
The Importance of Car Insurance
Because you may still be held liable for accidents even if you are not the driver, it is important to have enough insurance coverage that will help you pay your victim. (All states require drivers to have insurance, or at least urge them to have this coverage.)
In case that you are held liable for a car accident, your insurance company will pay the following:
• Medical expenses of your victims
• Loss of wages (based on a person’s salary and the period he is unable to work due to his injuries)
• Long-term disability that will limit a person’s earning capacity
• Property damages such as car repair
• Emotional distress which is more than fleeting (e.g., grief, embarrassment, and depression)
